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First time dwi arrest. i didn't blow. i had no beers. passed roadside tests. still arrested and released.

Rochester, NY |

pulled over for no reason, had paperwork ready. all legit. shows up with my paperwork and a breathalyzer and asks me to blow. i refuse. he makes me get out, do roadside test and i record everything. i pass. he still arrests me. in retrospect, i should have just blown but i host a talk show and one of our MAIN topics is police misconduct. he was so pissed that i recorded him. i was angry but i didn't lash out. he claimed i sabotaged the "gaze test" and put me in cuffs. an hour later, released with a few tickets. this police department in particular has harassed me in the past and blocked my access to my old police reports for a time i was assaulted, claiming that i was a suspect because it involved one of the k9 wardens and this is why i refused the test. corruption. what happens now?

Attorney Answers 4

Posted

You need to retain a local, experienced criminal defense attorney who does a significant amount of DWI defense. At your first court appearance, a "Not Guilty" plea will be entered and your attorney will serve a Demand for Discovery on the District Attorney's Office, triggering an obligation to turn over any reports related to your arrest. Your attorney will review these reports, spotting the strengths and weaknesses of the prosecution's case, and will advise you of your options, namely to fight the charges, because here in Monroe County the District Attorney's Office rarely makes offers in "refusal" cases. I frequently handle these types of cases and would welcome the opportunity to discuss your case with you.

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Posted

the first arrest from 2008 is what is being refused to me because it paints the department in an awful light (complete cover up) and THAT is why i refused. they treated me like dirt for four years and the officer only arrested me because i told him i was recording. "contempt of cop", so i was told. never heard that one about the eye test sabotage though.

Richard Caro Roxin

Richard Caro Roxin

Posted

Hopefully you have the recording because it could be useful to compare what was seen/heard with what is in the officer's report regarding observations he made of you which led him to conclude you were intoxicated, possibly such as speech/balance/appearance /field sobriety test performance. Keep in mind that Avvo is a public website and potentially viewed by prosecutors and police so best for you to not discuss the specifics of your case any further here. Your best bet is to get a reputable, knowledgeable criminal defense attorney involved right away.

Posted

You get a good criminal lawyer and fight the case. Does this police department use dashboard caeras? If so, your lawyer will want to request the video.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

yes they do have dashcams. he had a separate one hanging on him. i even taped the roadside tests myself because the town dog warden and two security guards attacked me outside of a bar in 2008. a retired sheriff noted on the report that they acted out of line and i could have sued them had they not kept me on the line for that report. they never charged him and refuse to give me the report because i am listed as a suspect for some reason.

Posted

I would hire the best criminal defense attorney in your jurisdiction to defend the case ASAP. Defend the case at court with counsel.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

does anyone ever beat this charge? ever?

Frank Mascagni III

Frank Mascagni III

Posted

In my state, Ky, yes a good criminal defense attorney has won these types of cases pretrial and during a bench trial. Having said that, a defendant's word vs. a police officers is usually a loser; BUT there is a video of the incident. Have an experienced trail lawyer look at the video and he/she will advise of the chance of success.

Asker

Posted

thank you so much. i am just very scared because my defense is calling the entire department into question over ethics.

Frank Mascagni III

Frank Mascagni III

Posted

Try your case first and try to win it before making this a global issue.

Asker

Posted

great advice. thank you again.

Frank Mascagni III

Frank Mascagni III

Posted

You're welcome.

Posted

You need a good attorney. Your refusal + the officers "expert opinion" lead to the charge of common-law intoxication. There are strong defenses and it sounds like you will need them.
Good Luck!

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

thank you.

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